India cannot remain a prisoner to the past but must move ahead with fraternity and equal respect for all religions, the Supreme Court said on Friday, dismissing a petition to restore the original names of ancient historical, cultural and religious places that were changed over the years by ruling dynasties, particularly the Mughals.
Emphasising that Hinduism is a way of life that is bereft of bigotry, the top court said the greatness of Hinduism must not be belittled by running down other communities citing past events, but that Hinduism should act as a beacon of light to go into the future.
A bench of justices KM Joseph and BV Nagarathna underscored that the country and its secular institutions must be guided by the Preamble to the Constitution, and its citizens should refrain from acting in a manner that may break up the nation on communal lines.
“Divide and rule policy of British brought about schism in our society…Let us not bring that back,” the bench cautioned.
“A country cannot remain a prisoner of the last. India is wedded to rule of law, secularism and constitutionalism…History of a nation cannot haunt the present generations in a manner that succeeding generation becomes a prisoner of the past. Maintenance of harmony between different sections alone will lead to a true notion of nation building and for greater good of the nation and finding fraternity,” the bench stated in its order.
Dismissing the plea filed by advocate Ashwini Upadhyay, the order said: “India that is Bharat, in terms of the Preamble, is a secular country. Secularism has been accepted by nine judges in the SR Bommai case (1994)…The founding father considered India to be a sovereign republic which is not merely confined to having an elected President, but also involves all sections of people; it is a democracy. It is important that the country must move forward…actions must be taken which infuses all sections of the society together.”
Upadhyay sought to point out that several places finding mentions in Hindu scriptures were renamed by “barbaric invaders”, causing injury to his fundamental rights to dignity, religion and culture. The lawyer cited examples of Babur Road and Humayun Road in New Delhi, adding that the Pandavas who converted a deserted land of Khandavprastha into Indraprastha do not have a single road, municipal ward or assembly constituency named after them.
To this, the bench asked Upadhyay if his endeavour was to get all roads and places named after Muslims to be removed and what the lawyer sought to achieve finally.
“What you are saying is a fact of history which cannot be wished away. You cannot wish away the invasions. History has taken its part in our country…You are going back in the past selectively. Ultimately, what will you achieve? When fingers are raised at one particular community and call them invaders, do you want to keep the country on the boil? Haven’t we already got other problems in the country rather than we go back and try to change something that has already taken place?” it asked Upadhyay.
The lawyer at this point complained that several religious and cultural places named by Hindu rulers were rechristened by Mughal invaders and the country cannot have its history starting from the Mughal era.
Responding, the bench highlighted the uniqueness of Hinduism. “Hinduism is not really a religion but a way of life. Because of this, India has assimilated everyone — invaders or friends. Divide and rule policy of British brought about schism in our society…Let us not bring that back. The country was divided because of that. Let us not break it up again. Please, have country in mind and not religion,” it told Upadhyay.
Justice Joseph said: “Hinduism is the greatest religion in terms of metaphysics. The heights which Hinduism have in Upanishads, Vedas, Bhagavid Gita is unequal in any system. We should be proud of that. Please don’t belittle it. We have to understand our own greatness. Our greatness should lead us to be magnanimous. I am a Christian. But I am equally fond of Hinduism. I am trying to study it.”
At this point, justice Nagarathna added: “Hinduism is a way of life and there is no bigotry in Hinduism.”
Justice Joseph further pointed out that in Kerala, there are examples of Hindu kings donating lands for churches. “That is the history of India. Please understand that,” the judge said.
Upadhyay replied that Hindus have been “wiped off from many historical places due to this kind of nature”, adding Hindus are in a minority in in many states and districts.
With the writing on the wall, the lawyer also requested the bench to let him withdraw the petition but the bench declined the plea and proceeded to dismiss it with a speaking order highlighting the secular nature of the country and the Preamble’s idea of fraternity.
Upadhyay filed his petition days after the Mughal Garden in New Delhi was renamed Amrit Udyan earlier this year, seeking directions to the Union government to constitute a Renaming Commission to find out and restore the original names of ancient places changed by foreign invaders. The public interest litigation averred that while the country is celebrating the 75th anniversary of its Independence, there were many ancient historical, cultural and religious places in the name of brutal foreign invaders, and their servants and family members.
